Huttig-McDermid Pearl Button Co. v. Springfield Shirt Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. ■ Neville, Judge. (1) Bonds in replevin suits instituted in the circuit court must be approved by the sheriff of the county, R. S. 1899, secs. 4465, 4466, 4469. (2) The bond may be a valid common law bond, but the court did not have jurisdiction to render a summary judgment against the sureties. (3) The bond is not a statutory one and if valid at all, is a common law bond. State to use v. Finite, 66 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. ■ Neville, Judge. (1) Bonds in replevin suits instituted in the circuit court must be approved by the sheriff of the county, R. S. 1899, secs. 4465, 4466, 4469. (2) The bond may be a valid common law bond, but the court did not have jurisdiction to render a summary judgment against the sureties. (3) The bond is not a statutory one and if valid at all, is a common law bond. State to use v. Finite, 66 Mo. App. 238. (4) The failure of the sheriff to approve the bond is not a mere irregularity and does not come within the provisions of section…
1Opinion of the Court
NIXON, P. J.'
(after stating the facts). — The one paramount and burning question in this case is whether *380the trial court bad jurisdiction at its September term, 1908, to render judgment against O1. T. Hamlin and John Kelley, tbe sureties on tbe replevin bond.
At no place in tbe record does it appear that any process was served upon tbe sureties requiring them to appear, nor does it appear that any notice was served on them that tbe motion to correct tbe judgment nunc pro tunc bad been set for bearing or requiring them to appear or that either of tbe sureties entered an appearance at tbe…
2Cases cited7 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- State ex rel. Lafayette County v. O'GormanSupreme Court of Missouri · 1882
- Waterman v. FrankSupreme Court of Missouri · 1855
- Williams v. ColemanSupreme Court of Missouri · 1872
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
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3Cited by3 opinions
- Beckmann v. BeckmannSupreme Court of Missouri · 1949
- Warren v. Order of Railway Conductors of AmericaMissouri Court of Appeals · 1918
- R. W. Wilson Motor Co. v. HooverMissouri Court of Appeals · 1927